Competency & the Three Stages of Examination — KSLU Bsa Notes

Competency & the Three Stages of Examination

Under S.124 (← IEA S.118) all persons are competent to testify unless the court considers that they are prevented from understanding the questions or giving rational answers — by tender years, extreme old age, disease of body or mind, or the like. A child is competent if it understands the questions and gives rational answers; corroboration of child evidence is a rule of prudence, not law. Competency is the rule; the weight of the testimony is a separate question.

The examination of a witness proceeds in three stages (S.143, ← IEA S.138), in order:

flowchart LR
    A["EXAMINATION-IN-CHIEF<br/>by the party calling him<br/>(no leading questions)"]:::s1 --> B["CROSS-EXAMINATION<br/>by the adverse party<br/>(leading questions allowed)"]:::s2
    B --> C["RE-EXAMINATION<br/>by the party calling him<br/>(explain cross, no new matter<br/>without leave)"]:::s3

    classDef s1 fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef s2 fill:#FFE9CC,stroke:#B5651D,color:#000;
    classDef s3 fill:#E6FFE6,stroke:#1E7A1E,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Leading questions (those suggesting the answer) are forbidden in examination-in-chief and re-examination but allowed in cross-examination (S.146–147). The purpose of cross-examination is to test veracity, accuracy and credibility and to bring out facts favourable to the cross-examiner.